Microsoft wins temporary stay, allowing Word sales to continue |
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Looks like the world will still be able to buy Microsoft Word, for now. A federal appeals court has granted Microsoft's motion to stay, pending its appeal, an injunction in a patent case that would have prevented the company from selling its widely used word-processing program after Oct. 10.
The decision is based on a lower threshhold and doesn't mean a lot in terms of the ultimate outcome of the case. The next step is a hearing that's scheduled for Sept. 23 between Microsoft and i4i, the small company that won the injunction -- and a $290 million verdict -- after a jury trial in U.S. District Court in Texas.
In asking the appeals court to prevent the injunction from going into effect, the Redmond company had argued that it would "inflict irreparable harm on Microsoft by potentially keeping the centerpiece of its product line out of the market for months. The company said at the time that the injunction "would block the distribution not only of Word but also of the entire Office suite."
The dispute involves Microsoft's use of XML-based file technology in Word.
In an earlier statement, i4i Chairman Loudon Owen expressed confidence in i4i's case and its prospects for successfully fighting Microsoft's appeal. "We sought and received the protection of the court so we can compete on a level playing field, and run our business without infringement by the Defendant Microsoft," Owen said at the time. "Microsoft was proven to have willfully infringed on i4i’s patent."
Update: i4i issued this statement on the court's decision:
"Loudon Owen, Chairman of i4i, Plaintiff, says, 'Defendant-Appellant Microsoft claims it may have to stop distributing Word and Office in the U.S. market until it can redesign both products. Microsoft’s scare tactics about the consequences of the injunction cannot shield it from the imminent review of the case by the Federal Circuit Court of Appeal on the September 23 appeal.' "
"Mr. Owen continues, 'i4i is confident that the Final Judgment in favor of i4i, which included a finding of willful patent infringement by Microsoft and an injunction against Microsoft Word, was the correct decision and that i4i will prevail on the appeal.'"
"Microsoft filed an Emergency Motion seeking more time to redesign Word and Office to comply with the Court Order. Mr. Owen adds, 'To paraphrase the great heavyweight boxing champion Joe Louis, ‘they can run, but they can't hide’. Microsoft’s time will eventually run out.' "
"i4i will file its responding brief with the Court on September 8, 2009."
Todd Bishop is co-founder and managing editor of TechFlash. He has covered Microsoft and the technology industry for more than five years, most recently as a daily newspaper reporter and blogger based in Seattle.
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